The Cannabis Industry Takes Another Step Towards Mainstream
11/12/18
By: David Molinari
In 1996, the People of the State of California first passed an initiative to legalize medicinal cannabis. The legislature toyed with drafting the statutory framework regulating the medical cannabis industry. Finally, in 2014 the first “legal” medicinal …
Come See the Debtor Side of Sears – Legal Issues for Creditors
11/7/18
By: Matthew Weiss
On Monday October 15, Sears Holdings filed for Chapter 11 bankruptcy in the Southern District of New York, claiming approximately $7 billion in assets and $11 billion in liabilities. The bankruptcy of what was at one time …
Office of Inspector General Approves Warranty Program for Medical Device Manufacturer
11/5/18
By: Ali Sabzevari
The Department of Health and Human Services Office of Inspector General recently approved a medical device manufacturer’s proposed warranty program, which provides a refund to the hospital at which a patient underwent joint replacement surgery using the …
PUNITIVE DAMAGES: How Much Is Too Much?
11/1/18
By: Rebecca Smith
On August 10, 2018, in the first Roundup cancer lawsuit to proceed to trial, a jury awarded Dewayne Johnson a total of $289 million dollars. On Monday, October 22, 2018, a San Francisco Superior Court Judge refused …
Women On Board
10/16/18
By: Rebecca Smith
Nearly one-quarter of California-headquartered publicly held domestic or foreign corporations have no female directors. No later than the close of the 2019 calendar year, those companies will need to add at least one. Senate Bill 826 (SB …
Ninth Circuit Compounds ATDS Confusion in TCPA, Causing FCC to Seek Further Comment
10/8/18
By: Matt Foree
As we previously discussed in the ACA International decision, the U.S. Court of Appeals for the D.C. Circuit recently rejected the Federal Communications Commission’s (“FCC”) guidance concerning the definition of automatic telephone dialing system (ATDS), one …
Arbitrability – Who Decides?
9/14/18
By: Ted Peters
The question of arbitrability (i.e., Who decides whether a dispute is arbitrable? The court or the arbitrator(s)?) is as ageless as the conundrum of what came first, the chicken or the egg. In 2010, the Supreme …
Non-Disclosure Provisions – Who Is Bound?
9/5/18
By: Josh Ferguson
A California Appellate Court recently ruled that the non-disclosure and confidentiality terms of a settlement agreement bind only the parties, and not counsel, unless specifically stated otherwise.
The case involved Monster Energy Company suing Bruce Schecter and …
Despite Causing Wildfires, PG&E Avoids Punitive Damages
8/2/18
By: Carlos Martinez-Garcia
On July 2, 2018, the Third Appellate District of California awarded Pacific Gas and Electric Company (PG&E) its first critical victory in defending itself against fire claims caused by its power lines: Butte Fire Cases, (2018) 24 …
Let’s Eat Grandma! Punctuation Matters
7/19/18
By: Ted Peters
California Corporations Code Section 1601 provides certain rights to shareholders of corporations doing business in California. Specifically, as the statute currently reads, corporations are required to open their books and records upon written demand from any shareholder …
New York High Court Narrows Statute of Limitations Under Martin Act
6/22/18
By: Ali Sabzevari
New York’s primary weapon aimed at fraud entitled the Martin Act was drastically hindered by New York’s high court, which found that the law’s statute of limitations was three years, not six years. The case is People …
Google, The Supremes & Cy Pres
6/14/18
By: Samantha Skolnick
At the end of April, the U.S. Supreme Court accepted a certiorari petition in the case Frank v. Gaos, No. 17-961, 2018 WL 324121 (U.S. Apr. 30, 2018). The Supreme Court will determine if a class-action …